HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail No. 11207 / 2017
Mukesh Puri @ Kalu Puri Son of Shri Kamal Puri, By Caste
Goswami, Resident of Kund Chowk, Gangapur, Police Station
Gangapur, District Bhilwara. (At Present Lodged in District Jail,
Bhilwara) —-Petitioner
Versus
The State of Rajasthan —-Respondent
__
For Petitioner(s) : Mr. Ashok Puri Goswami (brother of
petitioner)
For Respondent(s) : Mr. Ashok Upadhyay, P.P.
__
HON’BLE MR. JUSTICE RAMCHANDRA SINGH JHALA
(VACATION JUDGE)
Order
06/06/2018
Heard Mr. Ashok Puri Goswami, brother of the petitioner as
well as learned Public Prosecutor and also perused the material on
record.
The petitioner has been arrested in connection with FIR
No.214/2017 of Police Station Gangapur, District Bhilwara for the
offences punishable under Sections 498A and 304B I.P.C. He has
preferred this bail application under Section 439 Cr.P.C.
Learned Public Prosecutor has vehemently opposed the bail
application.
Upon perusal of record, it reveals that after completion of
investigation charge sheet has been filed against the accused-
petitioner in the Court in which the Investigating Officer has
clearly stated that “xksLokeh lekt esa ngst izFkk dk izpyu ugha gS rFkk
ukrk izFkk dk izpyu lkeus gksuk vk;k gSA ?kVukLFky ds iM+kSfl;ksa }kjk
(2 of 2)
[CRLMB-11207/2017]
ifjokj ds fdlh Hkh lnL; dk ekSds ij ekStwn ugha gksus dh rkbZn vius
dFkuksa esa dh xbZ gS rFkk iM+kSfl;ksa }kjk gh e`rdk T;ksfr dks Qans ls
mrkjuk o thfor gksus dh laHkkouk ds dkj.k gh iM+kSlh vLirky ysdj x;s
FksA e`rdk T;ksfr Lo;a Hkh xaxkiqj esa eqds’k iqjh ds lkFk ugha jguk pkgrh
Fkh fdUrq mldk firk vius lekt esa bTtr ds [kkfrj tcjnLrh T;ksfr dks
vius lkys ds lkFk Hkst nh] ftl dkj.k mDr ?kVuk ?kfVr gqbZA ” and also
looking to the statements of Rajender Kumar Sharma (PW-1),
father of deceased Rameshwar Puri Goswami (PW-2) and mother
of deceased Kanchan (PW-3), this Court is inclined to grant bail to
the accused petitioner Mukesh Puri alias Kalu Puri.
Having regard to the totality of the facts and circumstances
of the case, without expressing any opinion on the merits of the
case, I deem it just and proper to grant bail to the accused
petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Sec.439 Cr.P.C. is
allowed and it is directed that petitioner Mukesh Puri alias Kalu
Puri S/o Shri Kamal Puri shall be released on bail in connection
with FIR No.214/2017 of Police Station Gangapur, District Bhilwara
provided he executes a personal bond in a sum of Rs.50,000/-
with two sound and solvent sureties of Rs.25,000/- each to the
satisfaction of learned trial court for his appearance before that
court on each and every date of hearing and whenever called upon
to do so till the completion of the trial.
(RAMCHANDRA SINGH JHALA (VACATION JUDGE))J.
Babulal/101